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Fair Assessment In Real Estate Association, Inc. V. Mcnary (1981)

 

Document 1

From: John Paul Stevens
To: Warren E. Burger
Copied: Conference
On: October 8th, 1981
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 2

From: Sanda Day O'Connor
To: Warren E. Burger
Copied: Conference
On: October 19th, 1981
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 3

From: William H. Rehnquist
To: Conference
Copied: None
On: October 27th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 4

From: William H. Rehnquist
To: Conference
Copied: None
On: October 28th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 5

From: Byron R. White
To: William H. Rehnquist
Copied: Conference
On: October 28th, 1981
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 6

From: William J. Brennan, Jr.
To: William H. Rehnquist
Copied: Conference
On: October 28th, 1981
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 7

From: Sanda Day O'Connor
To: William H. Rehnquist
Copied: Conference
On: October 29th, 1981
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"
Action: May Join Concurrence
Memos where a justice expresses the inclination to join a concurring opinion, including a concurrence in the judgment or result.

Document 8

From: Thurgood Marshall
To: William H. Rehnquist
Copied: Conference
On: October 30th, 1981
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part

Document 9

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Conference
On: October 30th, 1981
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 10

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: November 5th, 1981
Action: Will Concur If...
Justice states conditions for a concurrence, including a concurrence in part or concurrence in judgment; memo may also state conditions for withdrawing a concurring opinion
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author
Action: Join Majority If...
Justice sends memo to majority opinion author that states that the conditions under which the justice can or will not join the majority opinion; this includes memos with language like will join if..., will join the majority opinion if author makes changes suggested by another justice, or will join part of majority opinion if...; these memos may also state that a justice cannot join majority opinion if..., or could not join an opinion with a particular point, will withdraw join if...

Document 11

From: William H. Rehnquist
To: Harry A. Blackmun
Copied: None
On: November 9th, 1981
Action: Majority Opinion Author's Response
May be response to a suggestion, reservation, or a separate opinion; may also say that author will respond to another opinion; may state majority opinion author's change to opinion that was not prompted by another justice; may indicate that the opinion is different from the conference discussion; may be a circulation of a portion of the opinion (a footnote, multiple pages without circulating the whole opinion); may be a suggestion from the majority opinion author regarding several options for changing majority opinion; may be a suggestion from the author for a change that could be made to opinion

Document 12

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: None
On: November 10th, 1981
Action: Change is Acceptable
Memo indicating that a change to majority opinion is acceptable to a justice (e.g., suggested change is ok with me; like changes in majority opinion).
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author
Action: Join Majority If...
Justice sends memo to majority opinion author that states that the conditions under which the justice can or will not join the majority opinion; this includes memos with language like will join if..., will join the majority opinion if author makes changes suggested by another justice, or will join part of majority opinion if...; these memos may also state that a justice cannot join majority opinion if..., or could not join an opinion with a particular point, will withdraw join if...

Document 13

From: William H. Rehnquist
To: Byron R. White, Lewis F. Powell
Copied: None
On: November 10th, 1981
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 14

From: William H. Rehnquist
To: Byron R. White, Lewis F. Powell
Copied: None
On: November 10th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 15

From: William H. Rehnquist
To: Conference
Copied: None
On: November 11th, 1981
Action: Majority Opinion
This refers to a majority opinion draft

Document 16

From: Harry A. Blackmun
To: William H. Rehnquist
Copied: Conference
On: November 12th, 1981
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 17

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: November 12th, 1981
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 18

From: Sanda Day O'Connor
To: William J. Brennan, Jr.
Copied: None
On: November 12th, 1981
Action: Suggestion to Separate Opinion
Memo states includes a justice's suggestion for a separate opinion (e.g., don't agree with reasoning of separate opinion; comment on separate opinion; will join separate opinion if; cannot join separate opinion; will be making suggestion to separate opinion). The identity of the separate opinion author who receives suggestion is located in the JOINED variable.

Document 19

From: Lewis F. Powell
To: William H. Rehnquist
Copied: Byron R. White
On: November 12th, 1981
Action: Change is Acceptable
Memo indicating that a change to majority opinion is acceptable to a justice (e.g., suggested change is ok with me; like changes in majority opinion).

Document 20

From: William J. Brennan, Jr.
To: Sanda Day O'Connor
Copied: None
On: November 12th, 1981
Action: Cover Memo to Separate Opinion
This indicates a cover memo to any separate opinion, including concurring, dissenting, or any other type of separate opinion

Document 21

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 13th, 1981
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 22

From: Sanda Day O'Connor
To: William J. Brennan, Jr.
Copied: Conference
On: November 16th, 1981
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 23

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: November 16th, 1981
Action: Join Concurrence
Memos where a justice states that they join a concurring opinion, including joining a concurrence in part, joining a concurrence in judgment or result, or joining a concurrence at foot. The identity of the concurring opinion author who receives the join is located in the JOINED variable.

Document 24

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: November 16th, 1981
Action: Join Dissent
Memos where a justice states that they join a dissenting opinion, including joining the dissent in part, joining a dissent from denial of cert, or joining a dissent at foot. The identity of the dissenting opinion author who receives the join is located in the JOINED variable.

Document 25

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 16th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result

Document 26

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: November 20th, 1981
Action: Concur in Judgment
This refers to an opinion draft that concurs in the judgment or result